UK Offence Report

1 A person who, without lawful authority or reasonable excuse– a contravenes or fails to comply with any…

regulation 13(1) of The Welfare of Farmed Animals (Scotland) Regulations 2000

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

1 A person who, without lawful authority or reasonable excuse–

a contravenes or fails to comply with any provision of these Regulations;

b fails to comply with

a notice served under regulation

11 within the time specified in the notice;

c makes any entry in

a record, or gives any information for the purposes of these Regulations which that person knows to be false in any material particular or, for those purposes, recklessly makes

a statement or gives any information which is false in any material particular; or

d causes or permits any of the above, is guilty of an offence under section

2 of the Agriculture (Miscellaneous Provisions) Act 1968.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
making a false or misleading statement
Fault element
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (recklessly).

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: recklessly.

What would breach regulation 13(1)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Entering a figure on a form or return that is known to be wrong under the Welfare of Farmed Animals (Scotland) Regulations 2000.
  2. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  3. Producing a document to an official that has been altered since it was issued.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to section 2 of the Agriculture (Miscellaneous Provisions) Act 1968.

penalty is that of the referenced enactment; not stated in this instrument.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
14 December 2000
In force from
15 December 2000
Extent
S

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations, which extend to Scotland only (regulation 1(2)), revoke and replace (with amendments): The Welfare of Livestock Regulations 1994 (S.I. 1994/2126, amended by S.I. 1998/1709); and The Welfare of Livestock (Amendment) Regulations 1998 (S.I. 1998/1709). The Regulations implement the following Community legislation:– Council Directive 88/166/EEC laying down minimum standards for the protection of laying hens kept in battery cages (O.J. No. L 74, 19.3.88, p.83); Council Directive 91/629/EEC laying down minimum standards for the protection of calves (O.J. No. L 340, 11.12.91, p.28), as amended by Council Directive 97/2/EC (O.J. No. L 25, 28.1.97, p.24) and Commission Decision 97/182/EC (O.J. No. L 76, 18.3.97, p.30); Council Directive 91/630/EEC laying down minimum standards for the protection of pigs (O.J. No. L 340, 11.12.91, p.33); and Council Directive 98/58/EC concerning the protection of animals kept for farming purposes (O.J. No. L 221, 8.8.98, p.23). The Regulations (and the Community legislation which they implement) reflect the obligations contained in the European Convention for the Protection of Animals kept for Farming Purposes of 10th March 1976, as read with the Protocol of Amendment to the European Convention for the Protection of Animals kept for Farming Purposes of 6th February 1992 (both available from the Stationery Office, 71 Lothian Road, Edinburgh). The Regulations apply to all animals kept for farming purposes (subject to certain limited exceptions) (regulation 2(2)). Regulation 3(1) lays down the general principle that owners and keepers of animals kept for farming purposes must all take reasonable steps to ensure the welfare of animals in their care and to prevent them any unnecessary pain, suffering or injury. This principle applies to all animals (including fish, reptiles and amphibians). The Regulations also provide for general requirements which apply in the case of all farmed animals (other than fish, reptiles and amphibians) (regulation 3(2) and Schedule 1) and for sets of specific additional requirements which apply in the cases of laying hens kept in battery cages (regulation 4 and Schedule 2), poultry other than laying hens (regulation 5 and Schedule 3), calves (regulation 6 and Schedule 4), cattle (regulation 7 and Schedule 5), pigs (regulation 8 and Schedule 6) and rabbits (regulation 9 and Schedule 7). Regulation 10 contains provisions to ensure that those in charge of animals have access to copies of the relevant welfare codes issued under section 3 of the Agriculture (Miscellaneous Provisions) Act 1968 and are acquainted with those codes. Regulation 11 provides for the service of enforcement notices requiring action to be taken to deal with any breach of the Regulations and regulation 12 provides that an authorised person may take with him a person authorised by the European Commission for the purpose of enforcing Community legislation. Under regulation 13(1), any contravention of the Regulations is an offence against section 2 of the Agriculture (Miscellaneous Provisions) Act 1968. Under section 7 of that Act, the maximum penalty for such an offence is 3 months imprisonment and/or a fine at level 4 on the standard scale (currently, £2,500). Schedule 1, which provides for general requirements which apply to all farmed animals (other than fish, reptiles and amphibians), contains a number of changes from corresponding provisions in Schedule 4 of the Welfare of Livestock Regulations 1994 (as amended) (“the 1994 Regulations”). There are a number of requirements which, under the 1994 Regulations, applied only to either animals kept in intensive systems or animals kept in buildings, the scope of which is now extended to cover all farmed animals (other than fish, reptiles and amphibians). The requirements in this category are as follows: Inspection of animals (Schedule 1, paragraph 2); Care and veterinary advice for sick and injured animals (Schedule 1, paragraph 5); Isolation of sick and injured animals (Schedule 1, paragraph 6); and Checks on automatic or mechanical equipment (Schedule 1, paragraphs 18 to 21). There are also several requirements which are either new or go beyond those contained in Schedule 4 of the 1994 Regulations. These requirements can be summarised as follows: Staffing and competence (Schedule 1, paragraph 1); Record keeping (Schedule 1, paragraphs 7 and 8); Freedom of movement (Schedule 1, paragraphs 9 and 10); Accommodation standards (Schedule 1, paragraph 11); Environmental requirements (Schedule 1, paragraph 13); Lighting (Schedule 1, paragraphs 14 to 16); Protection from elements etc (Schedule 1, paragraph 17); Feed, water and other substances (Schedule 1, paragraphs 23, 26 and 27); and Breeding procedures (Schedule 1, paragraphs 28 and 29). Schedule 2 re-enacts the provisions of Schedule 1 to the 1994 Regulations, subject to modification if the requirements are already contained in the new general conditions in Schedule 1 to these Regulations. Schedules 3, 5 and 7 re-enact paragraphs 7 to 11 of Schedule 4 to the 1994 Regulations without amendment. Schedule 4 re-enacts the provisions of Schedule 2 of the 1994 Regulations subject to amendments required to implement Council Directive 97/2/EC and Commission Decision 97/182/EC. The new requirements are: Accommodation (Schedule 4, paragraphs 1(1) to (4), (6) to (8) and 2); Inspection (Schedule 4, paragraphs 3 and 4); Tethers (Schedule 4, paragraph 6(1)); Bovine colostrum (Schedule 4, paragraph 11); Muzzling (Schedule 4, paragraph 13); Feeding (Schedule 4, paragraph 14(1)); Drinking water for calves (Schedule 4, paragraph 15(2)). Schedule 6 re-enacts the provisions of Schedule 3 to 1994 Regulations, subject to modifications if the requirements are already contained in the new general conditions in Schedule 1 to these Regulations. A Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. A copy of it may be obtained from the Scottish Executive Rural Affairs Department, Animal Health and Welfare Branch, Room 350, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY.

Read the full note and every offence in this instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.64.

Basis
the provision says a person is “guilty of an offence”; c10_offence_under_parent_act
Confidence
0.64 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source